TERMS OF SALE
Please read the following Terms of Sale (“terms”) carefully. They contain very important information about your rights and your obligations. By placing an order for products and/or services (collectively “item(s)”) on the Website, you acknowledge that you have read, understood and agreed to these Terms. These terms of sale do not affect any statutory rights that you have as a consumer under any applicable local laws.
These terms govern and apply to all online transactions (“transaction”) for items on https://www.nacsport.com (“website”) between Nacsport and third parties that purchase any product or service offered.
Nacsport is trademark of the company New Assistant for Coach Sport, S.L. maintaining its principal place of business at Dr. Juan Domínguez Pérez, 23, 2º Floor, postal code 35008, of Las Palmas de Gran Canaria, Spain. With commercial registration of Las Palmas in the page 142, volume 1759 general, sheet number G.C. 34965 and registration 1ª y VAT number B-35.853.373.
References to "us", "we" or "our" being construed accordingly a New Assistant for Coach Sport, S.L. or Nacsport. “You” or “Your” refers to the individual who has placed an order through the Website. Any policy or materials specifically referred to in the Terms are incorporated hereto by reference.
1. ORDER AND ACCEPTANCE
1.1. PRODUCTS FEATURES AND SERVICES
The essential features of the products and services offered at the Nacsport online store are available at https://www.nacsport.com.
1.2. PURCHASE ORDER AND ACTIVATION PROCESS
To place an order for items on Nacsport online store you have two possibilities:
1.2.1. ONLINE PURCHASE THROUGH AVANGATE
- Visit Nacsport online store at: https://www.nacsport.com.
- Select the items you wish to order.
- Then you will be redirected to the Avangate payment gateway.
- Complete all the information requested and choose your preferred payment method among payment methods available (Visa, MasterCard, PayPal, American Express or bank transfer).
- Shortly after, you will receive an order confirmation.
- If everything is correct, you will receive the acceptance of the order.
- Once you have purchased a product, you will be either sent the license number or your Support & Update services will be activated.
- If necessary, you can contact Nacsport to be supported in the purchase process.
1.2.2. BANK TRANSFER
- Visit Nacsport online store at: https://www.nacsport.com.
- Select the items you wish to order.
- Click the “Bank transfer” button.
- Email us requesting the bank transfer details.
- Please wire the payment and send us a document confirming it.
- Once we confirm the payment, you will be either sent the license number or your Support & Update services will be activated.
2. YOUR REPRESENTATIONS
2.1. You must have legal capacity to use the Nacsport website in accordance with the terms.
2.2. You should ensure that all information you provide when placing your order is up to date, accurate and sufficient for us to fulfil your order.
2.3. Before being able to place your order, you may be required to provide accurate information that includes an e-mail address and a telephone number at which you can be contacted. Your email address is our preferred method of contact for information related to your order such as receipt of your confirmation email, billing notifications, and future information related to Your account and/or Order(s).
3. PRICE, PAYMENT TERMS AND PAYMENT METHODS
3.1. Prices for items are displayed on the website. Final sale prices payable for items are those in effect at the time of acceptance, unless expressly agreed otherwise.
3.2. Despite our efforts, occasionally an error or inaccuracy in the price or description of an item may inadvertently occur on the website. In such case, you will have the option to cancel your order at no cost, and obtain refund of any prior payment that you have made for the item.
3.3. New Assistant for Coach Sport, S.L. reserves the right to withdraw any discount and/or to revise any price on the website or for our items at any time. Any price changes will not affect an order that has already been accepted, except if you expressly agree otherwise. The final item(s) price will be reflected prior to your confirmation of your order.
3.4. Prices quoted on the Website are exclusive of VAT and any other applicable taxes which (where applicable) must be added to the price payable (charges for which are referenced on the website).
3.5. You agree to pay any applicable VAT or taxes for the items as specified on the website when you submit your order.
3.6. Payment may only be made using any of the payment options specified on the Website. We currently accept Visa, Mastercard or American Express credit/debit card payments and PayPal. We may also allow customers to make payment by a bank transfer.
3.7. New Assistant for Coach Sport, S.L. reserves the right to use authorized third parties to assist certain payment processing and transactional functions, which may include the use and secured transfer of your personal and/or payment information. Your information will never be shared for any other reason without your consent. New Assistant for Coach Sport, S.L. also reserves the right to change and amend authorized third parties. Our use of third parties benefits you by allowing us to offer a variety of payment methods and decrease failed transactions.
3.8. Once the payment has been made, the item will be delivered.
3.9. Payments by bank transfer must be confirmed with a document confirming the transfer has been made to complete the order. Your order may be revoked within a certain number of days, if you do not fulfill your payment or transfer successfully.
4. DELIVERY AND RISK OF LOSS AND DAMAGE
4.1 Delivery times and dates referenced to on the Website or in any communications from New Assistant for Coaches Sport, S.L. are estimates only. All items are only delivered to you electronically, there is no packaging. Delivery takes place immediately after the acceptance of your order and no later than three (3) days from the date you submitted your order through the website. In the unlikely event that we are unable to deliver within that time, you will have the option to either allow us more time to complete your delivery; or cancel your order and obtain refund of any prior payment that you have made for that order.
4.2. Orders shall be delivered via email address submitted by you at the order. You must check email address in any acknowledgement o acceptance document we provide you with. Please notify us any omission or mistake immediately to as to be amended.
4.3 All risk in the items, including risk of loss or damage, passes to you upon delivery or when the items are placed in your possession.
4.4 You should carefully check items upon delivery to ensure that they are in satisfactory condition, in accordance with their description and complete. You may return ordered items in accordance with the terms and any applicable returns policy.
4.5. We shall not be responsible for any damages or losses: (i) arising from defective installation of the items by You; (ii) from the use of the items in connection with other defective, unsuitable or defectively installed equipment which has not been supplied by us; (iii) your negligence, improper use of the items or use in any manner inconsistent with the instructions.
5. SOFTWARE ITEM LICENSE
Each software item referred to on the website is licensed by New Assistant for Coach Sport, S.L. to you subject to the relevant end-user license agreement, as well as other license terms regarding third party software that may be included in our software items (“End-user license agreement”). Your use of software item is explained and governed by such license agreement. You must read, understand and agree to be bound to the terms of license agreement before placing an order and using the software item.
6. WITHDRAWAL RIGHTS, RETURNS AND REFUNDS
6.1. Statutory withdrawal rights, return and refunds applicable:
6.1.1. You have a statutory right to withdraw from the contract (wholly or partially) for any or no reason at any time within fourteen (14) calendar days of the day you receive the order confirmation email (“Withdrawal period”).
6.1.2. To exercise this right of withdrawal, you must inform us, prior to expiration of the withdrawal period, of your decision to withdraw from the contract by an unequivocal statement.
6.1.3. If you withdraw from the contract in accordance with the present section, New Assistant for Coach Sport, S.L. will refund to you all payments made as part of your order within fourteen (14) calendar days from the day on which you informed us about your decision to cancel the contract. Refund will be made using the same payment method that you used for placing the order, unless we both have expressly agreed otherwise.
6.1.4. You will not be able to exercise Your withdrawal right where:
A) In the case of electronic software download products, you have downloaded your products, after you have expressly consented to immediate performance of the contract and acknowledged that you will lose your right of withdrawal from the contract once the activation of your product has done.
B) In the case of services, after the services have been fully performed if performance has begun with your express request for immediate performance of the services and your acknowledgement that you will lose your rights of withdrawal from the contract once the services have been fully performed. If the services have not been fully performed, and you have requested the performance within fourteen (14) days from the date of the order confirmation email, you will be charged an amount proportional to the services provided until the time you have informed us of your decision to withdraw from the contract.
6.2. Nacsport’s withdrawal, return and refunds policy
Independently of any statutory rights, New Assistant for Coach Sport, S.L. offers a money-back guarantee on most items from the website, if you are not satisfied with the item for any reason. Eligibility for a refund may depend on the type of items, subscription term, duration since the transaction, where it was purchased, etc.
6.3. For the avoidance of doubt, in the event you decide to withdraw from the contract or seek a refund, your claim will be treated by default as an exercise of your statutory withdrawal rights for the purposes of these terms, if eligible. In that case your refund will be in accordance with section 6.1. Please note you will not then be eligible to also make a claim under Nacsport’s Return Policy.
6.4 If you are not eligible to receive a refund under your statutory withdrawal rights, you may still be eligible to claim under Nacsport’s Return Policy. If so, then your refund will be in accordance with section 6.2.
6.5. Please be reminded that if you decide to withdraw from the contract, you must uninstall and delete the software and all copies from your device(s) and Nacsport has the right to disable your software including copies to prevent further use. We may also request you to sign an electronic letter of destruction confirming that you have uninstalled, deleted and have not made any copies of the software that you have deleted.
7.1. You will benefit from your item for the duration you have contracted for.
7.2. Some items service period may commence at the point of purchase, while others may commence at download or installation of the item on your device(s). In either case, please install and activate your item immediately after purchase by following the instructions provided by email, and read the documentation and license agreement that governs your use of the item (see section 5 above).
7.3. If you fail to pay any amount by the due date, we may, in respect of any item for which payment has not already been received by us: (i) suspend or stop any items deliveries; and/or (ii) by written notice terminate your order and all or any other contracts between us and You.
8.1 Offer for KlipDraw users:
8.1.1. This offer is only valid for users of any licensed KlipDraw product that is active at the time of purchase.
8.1.2. This offer cannot be combined with any promotion nor can it be applied retrospectively. The only exception to this condition is if a KlipDraw customer buys Nacsport (as long as the license is active) they will be able to take advantage of the benefit of purchasing KlipDraw by getting a one-year license paying only six months.
8.1.3. Only a single Nacsport license may be purchased for each KlipDraw license.
8.1.4. This discount can only be accessed through the www.nacsport.com/klipdraw and is applicable to online purchases.
8.1.5. Nacsport licenses that can be purchased during this promotion are the following: Basic (single payment), Basic Plus (single payment and installment payment) and Scout Plus (single payment and installment payment).
8.1.6. The discounts that apply are the following: Basic (20%), Basic Plus (20%) and Scout Plus (10%). In the case of installment payment options for Basic Plus and Scout Plus, the 20% discount applies only to the first of the three installment payments. The second and third will be paid in full without any discount.
8.1.7. This offer is not available to users with promotional KlipDraw licenses, nor will current Nacsport customers be eligible for it.
8.1.8. For the rest of the conditions, the general sales conditions of Nacsport apply.
10. UNAUTHORIZED ITEMS AND BRAND PROTECTION
10.1. You may not alter, unbundle or break the items down to components for distribution, transfer, resale or any other purposes. You are strictly prohibited from separating a license key from the associated software item and transferring the license key to a third party for any purposes.
10.2. There may be technical protection measures in our items. Such measures are designed to prevent unlicensed or illegal use of our items. By using our items and/or, you are deemed to have agreed that Nacsport may use these measures to protect against software piracy.
10.3. All Items must be obtained in the first instance from New Assistant for Coach Sport, S.L. (or via authorized partners). If, in Nacsport’s reasonable judgment, the original acquisition of items occurred using a fraudulently obtained payment methods or any other unauthorized means, New Assistant for Coach Sport, S.L. has no obligations to provide support services and/or to allow continued use of the items in question.
10.4. New Assistant for Coach Sport, S.L. reserves, in its sole discretion, the right to reject orders, transactions and/or deactivate the items which have been obtained through or for any unauthorized means, or is otherwise in violation of the relevant license agreement.
11.1. As a consumer you may have certain statutory rights under your national laws, including legal guarantees relating to faulty or non-conforming products and services that become apparent within a minimum of two (2) years, or as provided by your national laws, from delivery of the products and/or services. Nothing in these terms will affect these legal rights.
11.2. New Assistant for Coach Sport, S.L. does not make any other promises or warranties about the items, except as provided in section 10.1, section 6, or as otherwise set out in the applicable license agreement or terms of service.
11.3. For the avoidance of doubt, in the event you make any warranty or legal guarantee claim to New Assistant for Coach Sport, S.L., your claim will be treated by default as an exercise of your statutory legal guarantee rights under section 10.1 for the purposes of these terms, if eligible. Please note you will not then be eligible to also make a claim under return policy or under any applicable license agreement or terms of service.
12. LIMITATION OF LIABILITY
12.1. Nothing in these terms shall exclude Nacsport’s liability for death or personal injury caused by its negligence, or any other liability which cannot be excluded by law. Otherwise the liability of Nacsport to you or any other third party shall be limited to the price you paid for the items.
12.2. Nacsport is not responsible for indirect or consequential losses. Nacsport shall in no event be liable for loss of data, loss of or damage to property or any losses related to any business of the customer including, but not limited to, lost revenue, lost profits or business interruption.
12.3. Some countries do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions stated in section 11.2 may not apply to you.
13. PROPRIETARY RIGHTS
New Assistant for Coach Sport, S.L. retains ownership of all proprietary rights in the items and the website, and in all trade names, trademarks, service marks and other intellectual property rights associated or displayed with the items. You shall not remove, deface or obscure any of Nacsport’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the items.
14. FORCE MAJEURE
Nacsport shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Nacsport's reasonable control, including but not limited to acts of God, war (whether declared or not), riot, embargoes, acts of civil or military authorities, terrorist attack or threat of terrorist attack, fire, floods, accidents, strikes, lockouts, failure of public or private telecommunication networks and infrastructure or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, Nacsport may be excused from such
performance to the extent it is delayed or prevented by such cause.
15. EXPORT REGULATION
You acknowledge that the items, and related technical data and services (collectively, “Controlled Technology”) may be subject to the import and export laws of any country, specifically the export administration regulations, and the laws of any country where the Controlled Technology are imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required.
Use or facilitation of Nacsport Items in connection with any activity including, but not limited to, the design, development, fabrication, training, or testing of chemical, biological, or nuclear materials, or missiles, drone or space launch vehicles capable of delivering weapons of mass destruction is prohibited, in accordance with law.
16.1. APPLICABLE LAW, COMPETENT JURISDICTION AND DISPUTE
These terms will be governed by the relevant laws of Spain and we both agree to the non-exclusive jurisdiction of the courts of Spain over these terms and any matter related to them. Notwithstanding the foregoing, nothing in the terms will derogate from any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction. If a dispute arises between you and Nacsport, the parties submit themselves for the resolution of the conflicts and with resignation to any other jurisdiction, to the courts and tribunals of Las Palmas de Gran Canaria (Canary Islands, Spain).
16.2. MODIFICATION OF TERMS
Nacsport may change these terms at any time without notice, effective upon its posting to the website. Any such changes will not affect an order that has already been accepted by Nacsport, except if you expressly agree otherwise. Every time you order items from us, our most recent terms of sale in force at that time will apply.
16.3. CONTACT DETAILS
If you have any questions regarding these terms or you have any problems with your order, you need help or any other reason you can contact us by one of the following ways:
C/. Dr. Juan Domínguez Pérez, 23. 2nd Floor
35008. Las Palmas de Gran Canaria. Spain
Phone: (+34) 928 363 816
Schedule: Monday - Friday: 8:00 - 20:00 (UTC+0)
Last modification of the document: 1 September 2017